Video: 2 South Texas police officers out of a job following brutality claims involving cuffed man

By Mariah Medina, San Antonio Express-News

Updated 12:40 pm, Thursday, July 28, 2016

Photo: McAllen Police Department

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Photos provided by the McAllen Police Department show Aaron Soto, 23, injured in a hospital after being repeatedly kicked while handcuffed by an officer who was later fired. The incident occurred on May 13, 2016. He said his injuries include: "intracranial bleeding," and "possible major fractures on (his) left cheekbone," an affidavit said. less

Photos provided by the McAllen Police Department show Aaron Soto, 23, injured in a hospital after being repeatedly kicked while handcuffed by an officer who was later fired. The incident occurred on May 13, ... more

Photo: McAllen Police Department

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Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Photo: Screenshots From Live Leak Video From McAllen Police Department

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Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Photo: Screenshots From Live Leak Video From McAllen Police Department

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Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Photo: Screenshots From Live Leak Video From McAllen Police Department

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Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed 23-year-old Aaron Soto in the hospital.

Photo: Screenshots From Live Leak Video From McAllen Police Department

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Keep clicking to view alleged police brutality cases concerning minors that have made headlines in Texas.

Keep clicking to view alleged police brutality cases concerning minors that have made headlines in Texas.

Photo: YouTube Screenshot

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San Antonio I.S.D.

officials are investigating a possible case of excessive force after this YouTube video appears to show Officer Joshua Kehm slam a 12-year-old girl onto a concrete floor on March 29, 2016.

A video circulating on social media shows Round Rock police officer Rigo Valles grabbing Round Rock High School student Gyasi Hughes' neck before throwing him to the ground on Oct. 8, 2015. Valles was later cleared of wrongdoing.

A video circulating on social media shows Round Rock police officer Rigo Valles grabbing Round Rock High School student Gyasi Hughes' neck before throwing him to the ground on Oct. 8, 2015. Valles was later ... more

A June 5, 2015, video showing McKinney Officer David Eric Casebolt throwing a black girl in a bikini to the ground raised questions about racial bias and aggressive policing. The video also shows the officer ... more

Photo: YouTube

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Amarillo

Police Cpl. Vern Wilson was suspected of using excessive force after he asked 14-year-old Jacob Herrera to remove a rosary he wore at a football game on Oct. 29, 2014. The rosary was allegedly associated with gang apparel.

Four Houston police officers received criticism over the 2010 beating of 15-year-old burglary suspect Chad Holley, who was running from officers when he tripped and surrendered. The video shows officers kick and beat Holley.

Four Houston police officers received criticism over the 2010 beating of 15-year-old burglary suspect Chad Holley, who was running from officers when he tripped and surrendered. The video shows officers kick ... more

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Dash cam video captured Paris, Texas officer Jeremy Massey slamming handcuffed teenager Cornelius Gill onto the hood of a police cruiser in November 2009. Massey was suspended for two days without pay, and Gill was jailed for disorderly conduct.

Dash cam video captured Paris, Texas officer Jeremy Massey slamming handcuffed teenager Cornelius Gill onto the hood of a police cruiser in November 2009. Massey was suspended for two days without pay, and ... more

Photo: Dylan Baddour

Video: 2 South Texas police officers out of a job following brutality claims involving cuffed man

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A McAllen Police Department officer accused earlier this year of repeatedly kicking a handcuffed man, causing him serious injuries, was fired this week. A second officer involved in the incident, which was captured on video, resigned amid an investigation into the man's claims of excessive force, the department announced Wednesday.

Officers Ulysses Bautista and Luis Zuniga, who worked for the McAllen Police Department since 2009, conducted a traffic stop in the early hours of May 13 that landed a 23-year-old man in the hospital.

Following the man's complaint with the department and an investigation, Bautista was fired on July 20, while Zuniga submitted a letter of resignation effective Sept. 9.

Aaron Soto, the man who was hospitalized following the traffic stop, was charged with driving under the influence of alcohol, resisting arrest and harassment of a public servant. Soto told authorities under oath that he sustained injuries including "intracranial bleeding," and "possible major fractures on (his) left cheekbone," an affidavit said.

Zuniga pulled Soto over around 1 a.m. on suspicion of drunk driving — he was allegedly driving the wrong way on a one way street — and asked Soto to complete field sobriety tests, a preliminary report said.

Soto, however, denied Zuniga's request and instead submitted to a breathalyzer test, which he failed with a .207 BAC, an affidavit said.

Zuniga called for backup prior to placing Soto under arrest and Bautista arrived at the scene to assist Zuniga.

As Zuniga attempted to place Soto into the back of his patrol car, Soto spit in Zuniga's face, prompting Zuniga to pull him out of the back of the patrol car and throw him to the ground, the affidavit said.

After, Bautista repeatedly kicked Soto, who was handcuffed with his face down.

Zuniga's preliminary report filed after his shift ended on May 13 states he feared Soto had "communicable diseases." Additionally, the report said he "safely placed him on the ground," while Bautista's suspension letter, written by McAllen PD Chief Victor Rodriguez, states Soto was "thrown."

Zuniga mentioned in his preliminary report that Soto was "very vulgar" during the arrest, stating that Soto was told him he was "bald headed and ugly," asking "do you even have a girlfriend, what's your girlfriend's name?"

The officer's preliminary report said he called an ambulance for Soto, but he refused treatment and paramedics left as his injuries appeared to be minor.

In Soto's complaint against Zuniga and Bautista, he said he arrived at the McAllen Police Department and was informed by several officers that he needed medical attention and was taken to a clinic in Mission, then transferred to University Hospital in San Antonio.

During a 5-day meeting with investigators that began July 15, Bautista told investigators he kicked Soto because he thought Soto "lunged at" Zuniga, Bautista's letter of suspension said. Bautista also told investigators he now understands it wasn't the appropriate response, but that "there's nothing (he) can do to change it, it happened," the letter of suspension said.

In addition to the use of excessive force, Bautista was also cited for failing to submit a complete report of Soto's arrest.

The City of McAllen self-reported the incident to the FBI, the U.S. Department of Justice and the Hidalgo County District Attorney's Office, however, it's unclear if Soto plans on suing the ex-officers or the city.

Dash cam footage of the arrest has been requested from the McAllen Police Department under Texas open records laws, however, the footage was posted to LiveLeak.com Wednesday evening.